4.  The applicant was born in 1964 and lives in Istanbul. He is a member of the Human Rights Association in Turkey.
5.  According to the official police documents, drafted on 8 April 2002, at 9.15 and 9.30 p.m., the security forces received information that the Human Rights Association would hold an unauthorised demonstration and press release concerning Israel’s operations against Palestine, at Tünel Square, on that day. The police took the necessary precautions in the area as of 7 p.m. At 8 p.m., around 30-35 persons gathered at the square holding candles, photos and banners which stated, inter alia, “All the world is Palestine, all of us are Palestinians”, “an end to the occupation, freedom to Palestine” and “Wanted Ariel Sharon war‑criminal”. They sat down on the street. The police chief warned the demonstrators, many times, to disperse and a passage was opened by the police for the demonstrators to leave. The group started to disperse; however, two persons, including the applicant, despite warnings, continued to sit and shout slogans. The police used force to arrest them.
6.  The applicant submitted, in the application form, that, on 8 April 2002, he had arrived to Tünel Square in order to participate in the Human Rights Association’s press release on Israel’s invasion of Palestine. However, the police intercepted the group and told them that they would not permit such a demonstration. As a result, the organisers decided to disperse and told the group to disband. While the group was dispersing, the applicant saw that the police were trying to arrest Ms M.A., a fellow demonstrator. When he intervened and asked why they were arresting her, the police chief got angry. He and 5 or 6 other police officers beat him up. They then arrested him and Ms M.A. In this connection, the applicant claimed to have received punches and kicks, and to have been hit by truncheon on various parts of his body, including his head and his back.
7.  The applicant and Ms M.A. were brought to the Beyoğlu police station. They were released 1,5 hours later. The applicant was asked to give a statement to the prosecutor’s office the next day.
8.  In the meantime, the police took the applicant for a medical examination to Taksim Hospital where the doctor who examined him noted a swelling and ecchimosis of 2 cm on the applicant’s head in the frontal region. In the report it is mentioned that the applicant had complained of a headache and of difficulty in breathing.
9.  On 9 April 2002 the applicant was heard by Mr Y.A., a prosecutor at the Beyoğlu public prosecutor’s office. In his deposition the applicant complained, inter alia, about the manner in which he had been arrested and requested that those who had committed these offences be punished.
10.  On the same day, the applicant was examined by a doctor at the Beyoğlu Forensic Medicine Department who noted a swelling of 2 cm on his head in the frontal region. In addition, the doctor noted that the applicant had sensitivity to the right of his chest.
11.  On 10 June 2002 an Istanbul deputy police chief was appointed to carry out a preliminary investigation on behalf of the governor of the allegations of ill-treatment made by the applicant and Ms M.A.
12.  On an unspecified date the deputy police chief prepared his report and submitted it to the governor’s office. It recommended that authorisation for the prosecution of Mr Ş.P., the police chief on duty that day, should be declined since the complaints were ill-founded.
13.  On 4 July 2002 the Istanbul Deputy Governor, on the basis of the information contained in the deputy police chief’s report and statements, refused authorisation for Mr Ş.P.’s prosecution.
14.  On 12 August 2002 the applicant lodged an objection to the governor’s decision with the Regional Administrative Court. He submitted, in particular, that his complaint of ill-treatment not only concerned the police chief but also all those officers who had carried out his order to beat him.
15.  On 26 November 2002 the Istanbul Regional Administrative Court upheld the applicant’s objection on account of an insufficient investigation, notably regarding the other police officers.
16.  On an unspecified date the same deputy police chief prepared his second report in which he reiterated his previous findings and submitted it to the governor’s office.
17.  On 7 March 2003 the Istanbul Governor, on the basis of the information contained in this second report and statements, declined authorisation for the police officers’ prosecution.
18.  On 4 July 2003 the Istanbul Regional Administrative Court, upon the objection of Ms M.A., transferred the case to the Beyoğlu public prosecutor’s office on the ground that the complainant’s accusations concerned allegations of ill-treatment under Article 245 and that, pursuant to amendments to the criminal law and code on criminal procedure, authorisation was no longer a prerequisite to prosecute the accused police officers.
19.  In the meantime, on 7 August 2003 the Beyoğlu public prosecutor decided not to prosecute the accused police officers. In this connection, he noted that about 30-35 persons had gathered, with candles and banners, at Tünel in Beyoğlu in order to protest Israel’s invasion of Palestine but that, following warnings from the police, they had started to disperse. However, the complainants had continued to sit down and shout slogans and, as a result, the police had had to use force and arrest them. The prosecutor considered therefore that the force used by the security forces was in line with Article 24 of the Assemblies and Marches Act (Law no. 2911).
20.  On 26 August 2003 the applicant filed an objection with the Beyoğlu public prosecutor’s office, to be referred to the assize court, against the decision of 7 August 2003. In his petition the applicant complained that his right to freedom of expression and peaceful assembly had been infringed by his unlawful arrest and ill-treatment.
21.  On 9 September 2003 the Istanbul Assize Court dismissed the applicant’s objection. This decision was notified to the applicant’s legal representative on 27 October 2003.